Lifting of suspension and dismissal of proceedings due to lack of subject matter

Facts

Parties:
Appellant: [A. GmbH]
Respondent: [B.] in liquidation, formerly [C.]

Courts:
District Court Einsiedeln (Single Judge)
Canton Court Schwyz, Appeal Chamber
Federal Supreme Court, II. Civil Law Division

Date of Federal Supreme Court decision: May 11, 2020

Facts:
[A. GmbH] applied for a provisional legal enforcement against [B.] . The District Court Einsiedeln dismissed the application, and the Canton Court Schwyz confirmed this decision. [A. GmbH] filed an appeal with the Federal Supreme Court. The proceedings were suspended after the bankruptcy office Altstetten-Zürich reported that a bankruptcy proceeding against [B.] had been initiated. The appellant did not object to the lifting of the suspension and the dismissal of the proceedings.

Considerations

Pursuant to Art. 206 para. 1 DEBA, pending enforcement proceedings are terminated by law upon the opening of bankruptcy proceedings. This also applies to proceedings based thereon, such as the legal enforcement proceedings. The opening of bankruptcy proceedings against the respondent was ordered on August 8, 2019, and the bankruptcy court ordered the conduct of the summary proceedings on September 9, 2019. In view of this situation, there is no longer a legitimate interest in legal protection in the dispute.

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